Revolutionary War Pension and Bounty Land Warrant Application File S. 29,789, John Fairbanks, Mass.

SERVICE
NUMBER
Mass
Fairbanks John.
S. 29,789
CONTENTS

15.966 Massachusetts
John Fairbanks
of Holliston in the State of Mass who was a Private in the Company commanded by Captain Cumming of the Regt commanded by Col. Nourse in the Mass line for 9 months  Hyannis
Mrs
Inscribed on the Roll of Massachusetts at the rate of 31 - Dollars - 70 - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 th day of Aug t 1833 and sent Claimant Holliston Middlesex Co. Mass
Arrears to the 4th of March 1833  $63.80 Semi-ann. allowance ending Sept t  15.95 $79.75
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by A. A. Adison Clerk Book 2 Vol. 2 Page 25

John Fairbanks Son of Drury and Deborah Fairbanks was born March 15 th - 1759.-
A true copy of record
Holliston August 27-1832.
Attest Thomas Dickinson
{ Town-Blank of Holliston

9615 John Fairbanks
Prints 9/11/1914
1606 May 7 1833
J. 378
J. Fiske Esq. East Cambridge Mass

BRIEF in the case of  John Fairbanks  in the State of Massachusetts  County of Middlesex (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? In open Court -
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? seventy three years -
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Enlisted Oct - In 1775 - 3 Private Gen. Cap n Henry Leland   1776 not stated - Cap n Edgells   Sep 1776 3 Lieut. Col. Roulton   Sep 29. 1777 1 3 Cap n Daniel Eames   July 28 1780 14 Col. Benj. m Hames / Regiment   9 17 Cap n Ezra Eames  
5. In what battles was he engaged?
6. Where did he reside when he entered the service? Holliston Middlesex Co. Mass -
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Documentary proof - by rolls - living witnesses and traditional evidence
8. Are the papers defective as to form or authentication? and if so, in what respect? Improperly attached
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
John L. Watson Examining Clerk.
22 Feb -

John Fairbanks
30 1.67 32 31.85

Commonwealth of Massachusetts.
Middlesex ss. Probate Court Framingham
On this twenty ninth day of August — in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open Court, before the Honourable Judge of the Court of Probate, in and for the County of Middlesex aforesaid, now sitting, John Fairbanks a resident of Holliston — in the County of Middlesex and Commonwealth of Massachusetts, aged seventy three years, who, being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, A. D. 1832:
That he entered the service of the United States under the following named officers, and served as herein stated:
According to the best of his recollection. Sometime in October 1775 he enlisted into a company of militia commanded by Capt. Henry Leland in Sherburne County of Mid. for three months. to go to Roxbury & was stationed at Hogbridge & did duty in Boston neck - for the three months - at the end of that time or nearly, he enlisted again in Capt. Edgell's company of Framingham for two months. was stationed at Barracks No 2 in latter part of Oct. bridge - did guard duty at Lechmere's Point - was there when the British left Boston. The latter part of August or first of Sept. of the same year 1776. he enlisted into a company commanded by Capt. Brooks of Medford, marched to Roxbury & stayed at the barracks there about 5 weeks then to Boston & was posted there the residue of said three months - the object as he understood was to guard the town against a return of the British which was feared. The limit of the company was named Newton or Newton of Middlebury - Jonathan Fairbanks of Middlebury was in Henry Leland's company with him & Abel Smith was with him in Brooks company. & Isaac Smith was with him in Capt. Edgell's company. & then affidavits to verify the foregoing services are annexed. In 1777 Sept. 29th enlisted in Capt. Dand James company. Hopestill Leland 1st Lieut & Nathan Denny 2nd Lieut belonging to Col. Benj. Hovey's Regiment went to Little Compton in Rhode Island - by way of Tiverton & served on this town of duty one month & three days. On the 28th of July 1780. was appointed Capt. Ezra Dames of Holliston in Col. Abner Perry's Regiment when the company was ordered to march to Rhode Island, upon some sudden alarm & returned to that State, where it was dismissed with the company & served at this time fourteen days. The certificate from the Secretary of War, annexed will verify the two last terms of service. In answer to Interrogatories. he answers - was born in Holliston March 15th 1759 - as by the certified record annexed shows. That town has been his place of residence ever since - Went into service by enlistment, except in the last instance, as above stated - was never under any regular officer whom he recollects - never received any discharge.

As well known to all the citizens of Holliston, particularly to Isaac Smith & Timothy Leland both of Holliston who were revolutionary soldiers also — their names are to the following certificate. There are now no settled ministers in Holliston —
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of any state,
John Fairbanks
We, Timothy Leland then being a clergyman, residing in the town of Holliston Holliston and Isaac Smith residing in Holliston Holliston hereby certify, that we are well acquainted with John Fairbanks who has subscribed and sworn to the above declaration; — that we believe him to be seventy three years of age: that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Timothy Leland Isaac Smith
Sworn and subscribed the day and year aforesaid.
J. P. Fay Probate
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above-named applicant was a Revolutionary soldier, and served as he states. And the Court further certify, that it appears to them that Timothy Leland who has signed the preceding certificate, is a clergyman, resident in and that Isaac Smith who has also signed the same, is a resident in are Holliston and are a credible person; and that their statement is entitled to credit.
J. P. Fay Probate
I Isaac Fiske Register of the Court of Probate in and for the County of Middlesex, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of John Fairbanks for a pension.
In testimony whereof I have hereunto set my hand and seal of office on the day and year first aforesaid.
Isaac Fiske

29789 Rev INVALID. }
File No. 29789
John Fairbanks Rev Mr
Act: June 7 th 32 nd
Index:—Vol. 9, Page 131
[Arrangement of 1870.]

I Jonathan Fairbanks of Sudbury county of Middlesex & Commonwealth of Massachusetts aged 78 years
Do testify and say that John Fairbanks of Holliston in said county of Middlesex enlisted in to a company of Militia commanded by according to my best recollection by Capt. Henry Leland sometime in the month of October 1775 for three months and marched to Roxbury and that I was a soldier in the in the same company at the same time and that said Fairbanks did the service and was legally discharged Jon d Fairbanks
Middlesex ss Sudbury August 23 1832
Personally appeared the above named Jonathan Fairbanks and made oath to the truth of above deposition before me Jacob Rice } Jus. Peace
This may certify that Mr. Jonathan - Fairbanks is a Man I am well acquainted with and think he is entitled to full credit and sustains a good moral character
Jacob Rice } Jus. Peace

I Isaac Smith of Holliston in the county of Middlesex and Commonwealth of Massachusetts, Yeoman of lawful age do testify and say that John Fairbanks of said Holliston Esquire sometime in the last of January or first of February A.D. 1776 the said Fairbanks then being an Inhabitant of said Holliston enlisted into the Militia Company commanded by Capt. Simon Edgell and marched to Cambridge numbered two, and there served in said Company for the term of two months, being the term for which he enlisted, and at the expiration thereof was duly discharged, and that I the said Smith was with said Fairbanks in said Company during said term the expiration of which being at about the time the British Troops evacuated the Town of Boston.
Isaac Smith
Middlesex S.S. August 20 A.D. 1832 Then personally appeared the above named Isaac Smith and made solemn oath that the above affidavit by him subscribed is true
Before me - Elias Bullard Justice of the Peace
Middlesex S.S. August 28th A.D. 1832 I hereby certify that I am well acquainted with the above named Isaac Smith, that he is a creditable person, and his statements entitled to full belief, and that he is reputed in his neighborhood to be a person of strict integrity and truth.
- Elias Bullard Justice of the Peace

I, Abel Smith of Hopkinton in the County of Middlesex and Commonwealth of Massachusetts, Yeoman, do testify and say, that about the first of September A. D. 1776 John Fairbanks of Holliston in said county of Middlesex joined a Company of Militia commanded by Capt. Caleb Brooks in Col. Dyke's Regiment stationed at Roxbury and served as a private three months in said Company and at the expiration of the said term of three months the said John Fairbanks was duly dismissed, but I do not recollect of any soldiers receiving a written discharge when they were dismissed from this Company, and I served as a waiter for Ensign John Hayden in said Company during the whole of said term - Said Company was stationed about half the time in Roxbury and about half the time in Boston.
Abel Smith
Middlesex ss. August 22 d 1832. - Then the above named Abel Smith personally appeared and made solemn oath that the above affidavit by him subscribed is true.
Before me. Matthew Metcalf, Justice of the Peace.
Middlesex ss. August 29 th 1832. I hereby certify that I am well acquainted with the above named Abel Smith, that he is a credible person and his statements are entitled to full belief, and that he is reputed in his neighborhood to be a person of strict integrity and truth.
Matthew Metcalf Justice of the Peace.

Middlesex ss
Commonwealth of Massachusetts
I Grace Estlin Murphy of the Court of Probate now and for the County of Middlesex hereby certify that Matthew Metcalf whose own genuine signature is set to the within Certificate & Elias Bulleid whose genuine signature is set to the Deposition of Grace Estlin Murphy herein contained, are justices of the Peace within said County.
In testimony whereof I have hereunto set my hand & seal of Office this twenty ninth day of August 1832
Grace Estlin Murphy
I Also certify that Jacob Main whose genuine signature is set to the Deposition of Jonathan Fairbanks, is also a justice of the Peace within said County.
In testimony whereof I have hereunto set my hand & seal of Office as aforesaid
Grace Estlin Murphy

Commonwealth of Massachusetts.
Secretary's Office, Aug t 27 1832.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of John Fairbanks is borne on a roll of Capt. Daniel Ames Company in Col. Benjamin Hawes Regiment, and is therein stated to have served one month and three days from Sept. 29. 1777 —
Also on a roll of Capt. Ezra Ames's Company, Col. Alner Perry's Regiment, and served therein fourteen days from July 28, 1780.
Edward D. Bangs. Secy

DF
To the Agents of the Claimes for Revolutionary Pensions—
City of Washington. —
RECEIVED
AUG 6
1850

Holliston Massachusetts August 5. - 1833
To the Agent of the Claims for Revolutionary — Pensions — City of Washington —
Dear Sir — — —
Having been in the revolutionary war, I last September obtained the necessary papers to receive a pension under an act of Congress for that purpose which were forwarded to Washington I have never received the pension and do not know what the cause of the delay is If you will have the goodness to inform me by mail of the cause of the delay or forward me my Certificate for a pension you will much
oblige yours Very Respectfully
John Fairbanks.

9615- John Frankes
Isaac Tuck Esq Fort Cambridge Map
Wellesley 1805

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of John Fairbanks which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No resident clergyman
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Living witnesses
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? On the rolls - & living witnesses If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension.

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.